In the context of ex parte applications, what is the duty of candour?

In the context of ex parte applications, the duty of candour refers to the obligation of a party to fully disclose all relevant material facts to the court, even those that may be unfavorable to their case. This principle is grounded in the necessity for fairness in legal proceedings, particularly when one party is not present to advocate for their interests. The integrity of the judicial process relies heavily on the accuracy and completeness of the information provided to the court, as ex parte applications often involve granting orders without the benefit of hearing from the other side.

This duty ensures that the judge has a full understanding of the circumstances and can make an informed decision. By fulfilling the duty of candour, the applicant helps to maintain the court's trust and ensures that justice is served, recognizing that the court must operate on full and honest information rather than a selective narrative. In this way, fully disclosing all relevant material facts aligns with the overarching principles of justice and fairness within the legal system.